[Introduced February 19, 1996; referred to the Committee
on Energy, Industry and Mining.]

____________

A BILL to amend and reenact sections nine, eleven, twelve and
thirteen, article one, chapter twenty-two-a of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended; to amend and reenact sections seven and
sixty-three, article two of said chapter; and to amend and
reenact section six, article seven of said chapter, all
relating to mine safety instructors; qualifications;
employment ; compensation; tenure; oath; bond; employment of
electrical inspectors; qualifications; salary and expenses;
tenure; oath; bond; eligibility for appointment as mine
inspector; qualifications; salary and expenses; removal;
eligibility for appointment as surface mine inspector; qualifications; salary and expenses; removal; when an
underground mine foreman-fireboss is required; certification
of mine foreman-fireboss and assistant mine
foreman-firebosses; annual retraining; penalties; mines,
quarries, preparation plants, load-out facilities, cement
manufacturing plants and operators performing services or
construction at such sites; permit and certificate of
approval fees; petition for enforcement against delinquent
assessments; operator's responsibility for compliance;
enforcement responsibility of the office of miner's health,
safety and training; board of coal mine health and safety to
promulgate criteria and standards of highwall development
and maintenance above proposed new underground mine
openings; collection and expenditures of permit and
certificate of approval fees; and duties of the director and
office and annual refresher training.

Be it enacted by the Legislature of West Virginia:
That sections nine, eleven, twelve and thirteen, article
one, chapter twenty-two-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended and
reenacted; that sections seven and sixty-three, article two of said chapter be amended and reenacted; and that section six,
article seven of said chapter be amended and reenacted, all to
read as follows:

The office shall employ eleven or more mine safety
instructors. To be eligible for employment as a mine safety
instructor, the applicant shall be: (1) A citizen of West
Virginia, in good health, not less than twenty-five years of age,
and of good character, reputation and temperate habits; and (2)
a person who has had at least five years' experience in first aid
and mine rescue work and who has had practical experience with
dangerous gases found in coal mines, and who has a practical
knowledge of mines, mining methods, mine ventilation, sound
safety practices and applicable mining laws.
In order to qualify for appointment as a mine safety
instructor, an eligible applicant shall submit to a written and
oral examination, given by the mine inspectors' examining board.
The examination shall relate to the duties to be performed by a
safety instructor and may, subject to the approval of the mine inspectors' examining board, be prepared by the director.
If the board finds after investigation and examination that
the applicant: (1) Is eligible for appointment; and (2) has
passed all oral and written examinations with a grade of at least
eighty percent, the board shall add such applicant's name and
grade to a register of qualified eligible candidates and certify
its action to the director. The director may then appoint one of
the candidates from the three having the highest grades.
The salary for a mine safety instructor shall be not less
than twenty-one thousand six hundred seventy-twothirty-seven
thousand two hundred four dollars per year with graduations of
five hundred dollars annually thereafter, and shall be fixed by
the director, who shall take into consideration ability,
performance of duty and experience. SuchThe instructor shall
devote all of his or her time to the duties of the office. No
reimbursement for traveling expenses shall be made except on an
itemized accounting for suchthe expenses submitted by the
instructor, who shall verify upon oath that such expenses were
actually incurred in the discharge of his or her official duties.
Except as expressly provided in this section to the
contrary, all provisions of this article relating to the eligibility, qualification, appointment, tenure and removal of
mine inspectors are applicable to mine safety instructors.

The office shall employ five or more electrical inspectors.
To be eligible for employment as an electrical inspector, the
applicant shall be: (1) A citizen and resident of West Virginia,
in good health, not less than twenty-five years of age, and of
good character, reputation and of temperate habits; and (2) a
person who has had seven years' practical electrical experience
in coal mines, or a degree in electrical engineering from an
accredited electrical engineering school and one year's practical
experience in underground coal mining.
In order to qualify for appointment as a mine electrical
inspector, an eligible applicant shall submit to a written and
oral examination given by the mine inspectors' examining board.
The examination shall relate to the duties to be performed by an
electrical inspector. If the board finds after investigation and
examination that the applicant: (1) Is eligible for appointment;
and (2) has passed all oral and written examinations with a grade
of at least ninety percent, the board shall add suchthe applicant's name and grade to a register of qualified eligible
candidates and certify its action to the director. The director
may then appoint one of the candidates from the three having the
highest grade.
The salary of a mine electrical inspector shall be not less
than thirty thousand four hundred eightyforty-five thousand
twelve dollars per year with graduations of five hundred dollars
annually thereafter, and shall be fixed by the director, who
shall take into consideration ability, performance of duty and
experience. No reimbursement for traveling expenses shall be
made except on an itemized accounting for suchthe expense
submitted by the electrical inspector, who shall verify upon oath
that suchthe expenses were actually incurred in the discharge of
his or her official duties.
Mine electrical inspectors, before entering upon the
discharge of their duties, shall take and subscribe to the oath
and shall execute a bond in the same penal sum, with surety
approved by the director, all as is required by this article in
the case of mine inspectors.
Except as expressly provided in this section to the
contrary, all provisions of this article relating to the eligibility, qualifications, appointment, tenure and removal of
mine inspectors are applicable to mine electrical inspectors.

(a) No person is eligible for appointment as a mine
inspector unless, at the time of his or her probationary
appointment, he or she: (1) Is a citizen of West Virginia, in
good health, not less than twenty-four years of age, and of good
character, reputation and temperate habits; (2) has had at least
six years' practical experience in coal mines, at least three
years of which, immediately preceding his or her original
appointment, shall have been in mines of this state: Provided,
That graduation from any accredited college of mining engineering
shall be considered the equivalent of two years' practical
experience; (3) has had practical experience with dangerous gases
found in coal mines; and (4) has a good theoretical and practical
knowledge of mines, mining methods, mine ventilation, sound
safety practices and applicable mining laws.
(b) In order to qualify for appointment as a mine inspector,
an eligible applicant shall submit to a written and oral
examination by the mine inspectors' examining board and furnish such evidence of good health, character and other facts
establishing eligibility as the board may require. If the board
finds after investigation and examination that an applicant: (1)
Is eligible for appointment; and (2) has passed all written and
oral examinations, with a grade of at least eighty percent, the
board shall add suchthe applicant's name and grade to the
register of qualified eligible candidates and certify its action
to the director. No candidate's name shall remain in the
register for more than three years without requalifying.
(c) Salaries of district inspectors shallmay not be less
than twenty-eight thousand fifty-sixforty-three thousand five
hundred eighty-eight dollars per year with graduations of five
hundred dollars annually thereafter; assistant inspector-at-
large, not less than thirty thousand one hundred eightforty-five
thousand six hundred forty dollars per year with graduations of
five hundred dollars annually thereafter; inspectors-at-large,
not less than thirty-one thousand five hundred seventy-twoforty-
seven thousand one hundred four dollars per year with graduations
of five hundred dollars annually thereafter, and they shall
receive mileage at the rate of not less than twenty centsthe
current rate as established by the West Virginia office of travel management for each mile actually traveled in the discharge of
their official duties in a privately owned vehicle. Within the
limits provided by law, the salary of each inspector shall be
fixed by the director, subject to the approval of the mine
inspectors' examining board. In fixing salaries of mine
inspectors, the director shall consider ability, performance of
duty and experience. No reimbursement for traveling expenses
shall be made except on an itemized account of suchthe expenses
submitted by the inspector, who shall verify upon oath, that such
expenses were actually incurred in the discharge of his or her
official duties. Every inspector shall be afforded compensatory
time or compensation of at least his or her regular rate for all
time in excess of forty-two hours per week.
(d) Any mine inspector who has fulfilled the requirements of
this section with respect to employment and who has served
satisfactorily as a mine inspector for a minimum period of one
year and who has terminated his or her employment as a mine
inspector, upon successfully passing a physical examination,
may be reinstated as a mine inspector within two years after
terminating his or her employment with the approval of the
examining board and the director.
(e) A mine inspector, after having received a permanent
appointment, shall be removed from office only for physical or
mental impairment, incompetency, neglect of duty, drunkenness,
malfeasance in office or other good cause.
Proceedings for the removal of a mine inspector may be
initiated by the director whenever there is reasonable cause to
believe that adequate cause exists, warranting removal. Such A
proceeding shall be initiated by a verified petition, filed with
the board by the director, setting forth with particularity the
facts alleged. Not less than twenty reputable citizens, who are
operators or employees in mines in the state, may petition the
director for the removal of a mine inspector. If suchthe
petition is verified by at least one of the petitioners, based on
actual knowledge of the affiant and alleged facts, which, if
true, warrant the removal of the inspector, the director shall
cause an investigation of the facts to be made. If, after such
the investigation, the director finds that there is substantial
evidence, which, if true, warrants removal of the inspector, the
director shall file a petition with the board requesting removal
of the inspector.
On receipt of a petition by the director seeking removal of a mine inspector, the board shall promptly notify the inspector
to appear before it at a time and place designated in said
notice, which time shall be not less than fifteen days
thereafter. There shall be attached to the copy of the notice
served upon the inspector a copy of the petition filed with the
board.
At the time and place designated in saidthe notice, the
board shall hear all evidence offered in support of the petition
and on behalf of the inspector. Each witness shall be sworn, and
a transcript shall be made of all evidence taken and proceedings
had at any such hearing. No continuance shall be granted except
for good cause shown. The chair of the board and the director
have power to administer oaths and subpoena witnesses.
Any mine inspector who willfully refuses or fails to appear
before the board, or having appeared, refuses to answer under
oath any relevant question on the ground that the testimony or
answer might incriminate him or her or refuses to waive immunity
from prosecution on account of any relevant matter about which
the inspector may be asked to testify at any such hearing before
the board, shall forfeit his or her position.
If, after hearing, the board finds that the inspector should be removed, it shall enter an order to that effect. The decision
of the board is final and is not subject to judicial review.

In order to qualify for an appointment as a surface mine
inspector, under the provisions of this article, an eligible
applicant shall have had at least five years' practical
experience in surface mines, at least one year of which,
immediately preceding his or her original appointment, shall have
been in surface mines in this state, and submit to a written and
oral examination given by the mine inspectors' examining board.
The examination shall relate to the duties to be performed by a
surface mine inspector and may, subject to the approval of the
mine inspectors' examining board, be prepared by the director.
If the board finds after investigation and examination that
the applicant: (1) Is eligible for appointment; and (2) has
passed all oral and written examinations with a grade of at least
eighty percent, the board shall add suchthe applicant's name and
grade to a register of qualified eligible candidates and certify
its action to the director. The director may then appoint one of the candidates from the three having the highest grades.
All such appointees shall be citizens of West Virginia, in
good health, not less than twenty-five years of age, of good
character and reputation and temperate in habits. No person is
eligible for permanent appointment as a surface mine inspector
until he or she has served in a probationary status for a period
of one year to the satisfaction of the director.
In the performance of duties devolving upon surface mine
inspectors, they shall be responsible to the director.The salary of the surface mine inspector supervisor shall be
not less than twenty-four thousand four hundred eighty dollars
per year. Salaries of surface mine inspectors shall be not less
than twenty-one thousand seven hundred eightythirty-eight
thousand three hundred twelve dollars per year with graduations
of five hundred dollars annually thereafter. In the discharge of
their official duties in privately owned vehicles, surface mine
inspectors and the surface mine inspector supervisor shall
receive mileage at the rate of not less than twenty cents per
milethe current rate as established by the West Virginia office
of travel management for each mile actually traveled in the
discharge of their official duties in a privately owned vehicle.
A surface mine inspector, after having received a permanent
appointment, shall be removed from office only for physical or
mental impairment, incompetency, neglect of duty, drunkenness,
malfeasance in office, or other good cause.ARTICLE 2. UNDERGROUND MINES.

§22A-2-7. When underground mine foreman-fire boss required;
assistants; certification; annual retraining; penalties.(a) In every underground mine where five or more persons
are employed in a period of twenty-four hours, the operator
shall employ at least one person certified in accordance with
the provisions of article seven of this chapter as a mine
foreman-fire boss. Each applicant for certification as a mine
foreman-fire boss shall, at the time he or she is issued a
certificate of competency: (1) Be a resident or employed in a
mine in this state; (2) have had at least five years' experience
in the underground working, ventilation and drainage of a coal
mine, which shall include at least eighteen months' experience on
or at a working section of an underground mine or be a graduate
of the school of mines at West Virginia University or of another
accredited mining engineering school or be a graduate of an
accredited engineering school with a bachelor's degree in mining engineering technology, electrical, mechanical or civil
engineering; and have had at least two years' practical
experience in an underground mine, which shall include at least
eighteen months' experience on or at a working section of an
underground mine; or be a graduate of an accredited college or
university with an associate degree in mining, electrical, mining
engineering technology, mechanical engineering or civil
engineering and have had at least four years' practical
experience in an underground mine, which shall include at least
eighteen months' experience on or at a working section of an
underground mine; and (3) have demonstrated his or her knowledge
of dangerous mine gases and their detection, mine safety, first
aid, safety appliances, state and federal mining laws and
regulations and other subjects by completing such training,
education and examinations as may be required of him or her
under article seven of this chapter.
(b) In mines in which the operations are so extensive that
the duties devolving upon the mine foreman-fire boss cannot be
discharged by one man, one or more assistant mine foremen-fire
bosses may be designated. Such persons shall act under the
instruction of the mine foreman-fire boss, who shall be responsible for their conduct in the discharge of their duties.
Each assistant so designated shall be certified under the
provisions of article seven of this chapter. Each applicant for
certification as assistant mine foreman-fire boss shall, at the
time he or she is issued a certificate of competency, possess
all of the qualifications required of a mine foreman-fire boss:
Provided, That he or she shall at the time he or she is certified
be required to have at least three years' experience in the
underground working, ventilation and drainage of coal mines,
which shall include eighteen months on or at a working section of
an underground mine or be a graduate of the school of mines at
West Virginia University or of another accredited mining
engineering school or be a graduate of an accredited engineering
school with a bachelor's degree in mining engineering technology,
electrical, mechanical or civil engineering; and have had twelve
months' practical experience in an underground mine, all of which
shall have been on or at a working section or be a graduate of an
accredited college or university with an associate degree in
mining, electrical, mining engineering technology, mechanical or
civil engineering and have had at least two years' practical
experience in an underground mine, which shall include at least eighteen months' experience on or at a working section of an
underground mine.
(c) Until the first day of January, one thousand nine
hundred seventy-seven, in mines in which the operations are so
extensive that all the duties devolving upon the mine foreman-
fire boss cannot be discharged by one person, competent persons
having had at least three years' experience in coal mines may be
designated as assistants, who shall act under the mine foreman-
fire boss' instructions and the mine foreman-fire boss is
responsible for their conduct in the discharge of their duties
under suchthe designation.
(d) Any person holding a mine foreman's certificate issued
by any other state may act in the capacity of mine foreman-fire
boss in any mine in this state until the next regular mine
foreman-fire boss' examination held by the office of miners'
health, safety and training, but not to exceed a maximum of
ninety days.
(e) After the first day of July, one thousand nine hundred
seventy-four, all duties heretofore performed by persons
certified as mine foreman, assistant mine foreman or fire boss
shall be performed by persons certified as underground mine foreman-fire boss or an assistant underground mine foreman-fire
boss.
After the first day of July, one thousand nine hundred
seventy-four, every certificate heretofore issued to an assistant
mine foreman or fire boss shall be deemed to be of equal value to
a certificate issued hereafter to an assistant mine foreman-fire
boss, and every certificate heretofore issued to a mine foreman
shall be deemed to be of equal value to a certificate issued
hereafter to a mine foreman-fire boss.(f) After the effective date of this section, the board of
miner training, education and certification, hereinafter in this
section referred to as the board in accordance with subsection
(d), section five, article seven of this chapter, shall develop
and update thereafter as necessary, a mandatory eight-hour course
of annual retraining of each miner employed as a mine foreman-
fireboss or as an assistant mine foreman-fireboss. The mandatory
eight-hour course of annual retraining shall, at a minimum,
include comprehensive discussions of the statutory duties of mine
foremen-firebosses and assistant mine foremen-firebosses;
development of roof control plans, ventilation plans and
comprehensive mine safety programs, required adherence to the plans and programs, and the mandatory reviews thereof; violation
types and assessments, including most frequently cited notices of
violations; violation reduction and accident investigation,
reporting and reduction programs; equipment permissibility
requirements; requirements of maintaining equipment in safe
operating condition; transportation and communication systems
requirements; mine emergency response procedures; development and
maintenance of escapeways; and any changes which have occurred in
the mining laws and implementing rules of this state during the
preceding twelve months. Such mandatory eight-hour course of
annual retraining shall be conducted by authorized
representatives of the director and shall be in addition to the
eight hours of annual refresher training required of all miners.
Each miner so affected, upon completion of the annual retraining,
shall be issued a certificate by the director, or his or her
authorized representative, certifying completion of the annual
retraining. The certificate shall be valid for one year from the
date of completion of the annual retraining or until the next
regularly scheduled annual retraining class for each miner, which
is no case shall be any longer than the last day of December in
the next succeeding calendar year. Except as provided in subsection (h) below, each miner so affected shall be paid by his
or her or other employer at a rate of pay which shall correspond
to the rate of pay the miner would have received during the
performance of his or her normal duties.
(g) During the first twelve months following the
implementation of the course of annual retraining as established
by the board, it shall be the responsibility of the director, or
his or her authorized representative, to notify each mine
operator, or his or her agent, of the requirements of this
section and to arrange for the annual retraining. Each calendar
year thereafter it shall be the responsibility of each mine
operator, or his or her agent, to contact the appropriate
regional office of the West Virginia office of miners' health,
safety and training to arrange for the annual retraining. After
receiving initial notification and arranging for the annual
retraining during the first twelve months following the
implementation of the course of annual retraining as established
by the board and after arranging for the annual retraining each
calendar year thereafter, it shall be the responsibility of each
mine operator, or his or her agent, to require that miners of his
or her employees as are affected by this requirement complete the annual retraining. Each mine operator, or his or her agent,
shall be assessed a civil penalty in accordance with subsection
(b), section twenty-one, article one of this chapter, and
implementing rules, if he or she employs any miner whose duties
require mine foreman-fireboss certification or assistant mine
foreman-fireboss certification when the miner has not completed
the annual retraining during the first twelve months following
the implementation of the course of annual retraining as
established by the board or has not completed the annual
retraining as necessary thereafter.
(h) Each miner performing duties requiring mine foreman-
fireboss certification or assistant mine foreman-fireboss
certification shall be assessed a civil penalty in accordance
with subdivision (2), subsection (a), section twenty-one, article
one of this chapter, and implementing rules if he or she does not
complete the annual retraining during the first twelve months
following the implementation of the course of annual retraining
as established by the board or does not complete the annual
retraining as necessary thereafter. The director shall suspend
the appropriate certification of any miner assessed the civil
penalty until such time as that miner has completed the annual retraining and has paid the penalty. It shall not be the
responsibility of any mine operator, or his or her agent, to
compensate any affected miner for the annual retraining who has
not obtained a certificate of annual retraining during the first
twelve months following the implementation of the course of
annual retraining as established by the board after having been
provided the opportunity by the operator, or his or her agency,
or who has allowed the certificate of annual retraining to
expire, after having been provided the opportunity by the mine
operator, or his or other agent. Each miner so affected shall
pay the West Virginia office of miners' health, safety and
training for the annual retraining: Provided, That the amount of
the payment shall be limited to the cost of materials necessary
to complete the annual retraining and shall be tendered prior to
the commencement of the annual retraining.
(i) Any miner who possesses mine foreman-fireboss
certification or assistant mine foreman-fireboss certification,
but who does not possess a current certificate of annual
retraining and is not employed to perform duties requiring mine
foreman-fireboss certification, or assistant mine foreman-
fireboss certification, must obtain the certificate of annual retraining prior to performing his or her duties. Each miner so
affected shall contact the appropriate regional office of the
West Virginia office of miners' health, safety and training to
make arrangements for the annual retraining and shall be solely
responsible for obtaining the certificate of annual retraining,
including payment for the annual retraining to the West Virginia
office of miners' health, safety and training: Provided, That
the amount of the payment shall be limited to the cost of
materials necessary to complete the annual retraining and shall
be tendered prior to the commencement of the annual retraining.
(j) It shall be the responsibility of each mine operator, or
his or her agent, to maintain a file containing the name, social
security number, appropriate certification number and the date of
completion of the annual retraining for each miner on his or her
payroll affected by the requirements of this section and to
produce the file, or legible copy thereof, within five days
following a request for such by the director or his or her
authorized representative. It shall be the sole responsibility
of each affected miner to furnish his or her current employer a
current copy of his or her annual retraining certificate and to
furnish the certificate, or legible copy thereof, within twenty-four hours upon request therefor, to the director or his or her
authorized representative.
(k) After the implementation of the course of annual
retraining as established by the board, all moneys collected by
the director for the penalties set forth in subsections (g) and
(h) of this section and for other certificate and training fees
set forth in subsections (h) and (i) of this section shall be
deposited with the treasurer of the state of West Virginia to the
credit of the special health, safety and training fund in
accordance with the provisions of subsection (f), section twenty-
one, article one of this chapter, and shall be appropriated by
the Legislature only for salary increases for existing mine
inspectors, mine safety instructors, electrical inspectors and
surface inspectors.§22A-2-63. No mine to be opened or reopened without prior
approval of the director; permits and certificates
of approval; approval fees; annual extension of
permits and certificates of approval; petition for
enforcement against delinquent assessments; permits
and certificates of approval not transferable;
section to be printed on permits and certificates
of approval; criteria and standards for highwalls above proposed new underground mine openings to be
promulgated by board of coal mine health and
safety; collection and expenditure of permit and
certificate of approval fees.(a) After the first day of July, one thousand nine hundred
seventy-one, no mine shall be opened or reopened unless prior
approval has been obtained from the director of the office of
miners' health, safety and training, which approval shall not be
unreasonably withheld. The operator shall pay for such approval
a fee of onefive hundred dollars, which payment shall be
tendered with the application for such approval. Provided, That
mines producing coal solely for the operator's use shall be
issued a permit without charge if coal production will be less
than fifty tons a yearAfter the effective date of this section, no quarry,
preparation plant, load-out facility, or cement manufacturing
plant may be operated unless prior approval has been obtained
from the director, which approval shall not be unreasonably
withheld. The operator shall pay for such approval a fee of five
hundred dollars, which payment shall be tendered with the
application for such approval.
Within thirty days after the first day of January of each year, the holder of such permit to open a mine, quarry,
preparation plant, load-out facility or cement manufacturing
plant shall apply for the extension of such permit for an
additional year. Such permit, evidenced by a document issued by
the director, shall be granted as a matter of right for a fee of
onefive hundred dollars if, at the time such application is
made, the permit holder is in compliance with the provisions of
section seventy-seven of this article and has paid or otherwise
appealed all coal mine assessments issued to the mine, quarry,
preparation plant, load-out facility or cement manufacturing
plant if operated by the permit holder and imposed under article
one of this chapter. Applications for extension of such permits
not submitted within the time required shall be processed as an
initial application to open or reopen a mine and shall be
accompanied by a fee of onefive hundred dollars.
(b) Permits and certificates of approval issued pursuant the
this section shall not be transferable.
(c) If the operator of a mine, quarry, preparation plant,
load-out facility or cement manufacturing plant is not the permit
holder as defined in subsection (a) above, then such operator
must apply for and obtain a certificatepermit of approval to operate the mine, quarry, preparation plant, load-out facility or
cement manufacturing plant on which the permit is held prior to
commencing operations. An operator who is not the permit holder
operating such mine, quarry, preparation plant, load-out facility
or cement manufacturing plant on the tenth day of April, one
thousand nine hundred ninety-threeeffective date of this
section, must apply for a certificatepermit of approval on or
before the first day of July, one thousand nine hundred ninety-
threeninety-six. The operator shall pay a fee of onefive
hundred dollars, which payment shall be tendered with the
application for approval. Such approval, evidenced by a
certificatedocument issued by the director, shall be granted if,
at the time such application is made, the applicant is in
compliance with the provisions of section seventy-seven of this
article and has paid or otherwise appealed all coal mine
assessments imposed on such applicant for the certificatepermit
of approval under article one of this chapter.
(d) In addition to the director's authority to file a
petition for enforcement under subdivision (4), subsection (a),
section twenty-one, article one of this chapter, if an operator
holding a certificatepermit of approval issued pursuant to subsection (c)(a) or subsection (b) of this section, or a
certificate of approval issued pursuant to subsection (c) of this
section, against whom a civil penalty is assessed in accordance
with section twenty-one, article one of this chapter, and
implementing regulations, and which has become final, fails to
pay the penalty within the time prescribed in such order, the
director or the authorized representative of the director, by
certified mail, return receipt requested, shall send a notice to
such operator advising the operator of the unpaid penalty. If
the penalty is not paid in full within sixtythirty days from the
issuance of the notice of delinquency by the director or his or
her authorized representative, then the director may revoke such
operator's permit or certificate of approval: Provided, That
such operator to whom the delinquency notice is issued shall have
thirtyfifteen days from receipt thereof to request, by certified
mail, return receipt requested, a public hearing held in
accordance with the procedures of section seventeen, article one
of this chapter, and implementing rules. including application
for temporary relief Once such operator's permit or certificate
of approval is revoked pursuant to this subsection, such operator
shall be prohibited from obtaining any permit or certificate of approval under the provisions of this section to operate or to
perform services or construction at any other mine, quarry,
preparation plant, load-out facility or cement manufacturing
plant until such time as that operator pays the delinquent
penalties that have become final. All delinquent assessments
which have been imposed upon a permit holder or certificate of
approval holder or applicants under this section and which have
become final shall not be imposed upon any permit holder or
certificate of approval holder or applicants pursuant to
subsections (a), (b), or (c) of this section.
(e) Every firm, corporation, partnership or individual that
contracts to perform services or construction at a coal mine,
quarry, preparation plant, load-out facility or cement
manufacturing plant, shall be deemed to be an operator and
beginning the first day of January, one thousand nine hundred
ninety-fiveon the effective date of this section, must apply for
and obtain a certificate of approval prior to commencing
operations: Provided, That such persons shall only be required
to obtain only one certificate annually: Provided, however, That
persons such as, but not limited to, consultants, mine vendors,
office equipment suppliers, and maintenance and delivery personnel are excluded from this requirement. Any such operator
shall pay a fee of one hundredtwo hundred fifty dollars which
shall be tendered with the application for approval. Such
approval, evidenced by a certificate issued by the director,
shall be granted if, at the time such application is made, the
applicant has paid or otherwise appealed all coal mine
assessments imposed on such applicant under article one of this
chapter.
Within thirty days after the first day of January of each
year, the holder of such certificate of approval shall apply for
the extension of such approval for an additional year.
Applications for extension must be accompanied by a fee of one
hundredtwo hundred fifty dollars. An extension shall be granted
if, at the time such application is made, the applicant has paid
or otherwise appealed all coal mine assessments imposed on such
applicant under article one of this chapter. All delinquent
assessments which have been imposed upon a certificate of
approval holder or applicants under this section shall not be
imposed upon any permit holder or certificate of approval holder
or any applicant pursuant to subsection (a) or (c) of section
sixty-three.Applications for extension of such certificates of approval not submitted within the time required shall be
processed as an initial application and shall be accompanied by
a fee of two hundred fifty dollars.(f) Every certificate of approval holder referred to in
subsection (c) of this section shall be accountable for ensuring
that their operations are conducted at all times in compliance
with all the mining laws and implementing rules of this state,
insofar as such are applicable thereto, and shall be responsible
for all notices of violations and associated assessments and
penalties imposed upon it by the director or his or her
authorized representative for violations thereof, except in those
cases where a third person or party is found to have willfully
contributed to the act or omission which gave rise to the
violation, in which case, such third person or party shall have
joint liability for such notices of violations and associated
assessments and penalties.(f)(g) The provisions of this section shall be printed on
the reverse side of every permit issued under subsection (a) or
subsection (b) and certificate of approval issued under
subsection (d)(c) herein.(g)(h) The district mine inspector shall be contacted for a pre-inspection of the area proposed for underground mining
prior to issuance of any new opening permit approval. The board
of coal mine health and safety shall investigate, or cause to be
investigated, the technology, procedures and techniques of
highwall development above proposed underground mine openings,
and shall promulgate by the first day of January, one thousand
nine hundred ninety-seven, criteria and standards relative to the
safe development and maintenance of the highwalls.
(i) After the effective date of this section, all permit and
certificate of approval fees provided for in this section shall
be collected by the director and deposited with the treasurer of
the state of West Virginia to the credit of the special health,
safety and training fund in accordance with the provisions of
subsection (f), section twenty-one, article one of this chapter.
All moneys collected by the director for the fees set forth in
subsections (a), (b) and (c) of this section, as well as all
moneys which have been collected previously by the director for
such fees since the twelfth day of March, one thousand nine
hundred ninety-four and for which no spending authority has
existed, shall be appropriated by the Legislature only for salary
increases for existing mine inspectors, mine safety instructors, electrical inspectors, and surface inspectors; for additional
annual technical training of such inspectors and instructors; for
conducting proposed mandatory annual refresher training for small
mines and operations ancillary thereto by the West Virginia
office of miners' health, safety and training mine safety
instructors; and for proposed mandatory annual retraining of
miners employed as a mine foreman-fireboss or as an assistant
mine foreman-fireboss, which training shall be conducted by the
offices' mine safety instructors and authorized representatives
of the director.

ARTICLE 7. BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION.

§22A-7-6. Duties of the director and office.The director shall be empowered to promulgate, pursuant to
chapter twenty-nine-a of this code, such reasonable rules as, are
necessary to establish a program to implement the provisions of
this article. Such program shall include, but not be limited to,
implementation of a program of instruction in each of the miner
occupational specialties and the conduct of examinations to test
each applicant's knowledge and understanding of the training and
instruction which he or she is required to have prior to the
receipt of a certificate.
The director is authorized and directed to utilize state
mine inspectors, mine safety instructors, the state mine foreman
examiner, private and public institutions of education and such
other persons as may be available in implementing the program of
instruction and examinations.
The director may, at any time, make such recommendations or
supply such information to the board as he or she may deem
appropriate.
The director is authorized and directed to utilize such
state and federal moneys and personnel as may be available to the
office for educational and training purposes in the
implementation of the provisions of this article.Before the first day of January, one thousand nine hundred
ninety-seven, the board shall develop and update thereafter as
necessary, mandatory programs of annual refresher training in
accordance with provisions of the federal act, with additional
emphasis placed upon West Virginia mining laws and implementing
rules and regulations, for all mining industry employees and all
workers at operations ancillary thereto. The director shall
ensure that all mine safety instructors employed currently or in
the future at the West Virginia office of miners' health, safety and training shall obtain and retain approved instructor status
in accordance with provisions of the federal act to conduct all
components of the annual refresher training programs as
established by the board.
Thereafter, in the implementation of the programs, the
director shall make available such annual refresher training at
no cost to all workers at small mines, quarries, preparation
plants and load-out facilities including all employees performing
services or construction at such small mines, quarries,
preparation plants, and load-out facilities by utilizing the mine
safety instructors employed at the West Virginia office of
miners' health, safety and training to conduct such annual
refresher training as established by the board: Provided, That
employment at the operations may not exceed a total of fifty
employees per operation in order to qualify for such training
under this section: Provided, however, That the operator of any
small mine, quarry, preparation plant or load-out facility or the
operator performing services or construction at any small mine,
quarry, preparation plant or load-out facility must possess a
current permit of approval extension in accordance with
subsection (a) or subsection (b), section sixty-three, article two of chapter twenty-two-a or a certificate of approval
extension in accordance with subsection (c), section sixty-three,
article two of chapter twenty-two-a, whichever may be applicable:
Provided further, That operations not qualifying for the annual
refresher training under this section must obtain such annual
refresher training as established by the board by utilizing
instructors certified to conduct the training in accordance with
provisions of the federal act and in accordance with stipulations
to be established by the board and implemented by the director no
later than the first day of January, one thousand nine hundred
ninety-seven.

NOTE: The purpose of this bill is to raise the salaries
of various types of mine inspectors. It also mandates the
development of several training and retraining courses. Fees for
approval of the opening or reopening of mines, quarries,
preparation plants, load-out facilities and cement manufacturing
plants are raised.

Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.